UP J Mains Paper Substantive Law 1997

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1. (a) Is it correct to say that “the marriage has not remained asacramental marriage and has also not become contract under the Hindu Marriage Act, 1955”.

(b) Examine the validity of the following Hindu Marriages-

(i) Marriage of a boy of 17 years with a girl of 15 years.

(ii) “A” marries “B”, the widow of his elder brother.

2. Write short notes on any four of the following-

(a) All contracts are agreements but all agreements are not contracts.

(b) Can a minor become a partner in a firm?

(c) Distinction between licence and lease.

(d) Easement of necessity and quasi easements, casiment(e) Pious obligation.

(f) Khyar-ul-bulloogh (option of puberty).

(g) Proposal and invitation to proposal.

(h) Vested interest and contingent interest.

3.(a) What are the essential conditions for the application of the rule of ‘strict liability’?

(b) What grounds can be taken as defence in a suit for “strict liability’?

4. (a) What are the requisites of valid adoption and who are the persons capable of giving in adoption?

(b) Discuss the validity of following adoption-

(i) An unmarried Hindu girl aged 25 years adopted a girl of 6 years.

(ii) ‘A’ is given in adoption by his step-mother.

(iii) A boy of 19 years adopted by a widow aged 38 years.

5.(a) Narrate the importance and function of ‘dower’ in Muslim law.
(b). discuss the rights and liabilities of Muslim Widow who is in possession of her deceased husband’s property in lieu of her unpaid dower.

6. (a) What do you mean by ‘Consideration”? Is an agreement made without consideration valid?

(b) With a view to get rid of each other’s quarrelling nature, both husband and wife entered into an agreement in which wife agrees to live separate from her husband permanently and husband agrees to pay her a monthly maintenance allowance of Rs. 500/-. After six months husband refuses to pay the allowance. Can wife enforce the agreement against her husband in the Court of law? Decide.

7. Distinguish between the following-

(a) Libel and slander

(b) Public nuisance and private nuisance.

8. Discuss the following statements and refer to relevant statutoryprovisions and decisions-

(a) Once a mortgage, always a mortgage and nothing but a mortgage.

(b) Redeem up, foreclose down.

9. Explain any three of the following maxims-

(a) He who seeks equity, must do equity.

(b) Equality is equity.

(c) Equity follows the law

(d) Doctrine of election.

(e) Delay defeats equity

10. (a) Define ‘trust. Discuss the provisions regarding the creation of trust.

(b) What do you understand by ‘beneficiary”?

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